Mississippi Rental Homes: Safe Drinking Water Rights

Understanding your right to safe drinking water is essential for renters in Mississippi. If you're experiencing water quality problems—whether cloudy tap water, unusual smells, or concerns about safety—knowing the legal standards and steps you can take is crucial. This guide covers Mississippi's rental property water standards and how to respond if your home’s water isn’t safe to drink.

What Water Quality Standards Apply to Mississippi Rentals?

Most rental properties in Mississippi receive water from either a public water system or a private well. Safe drinking water is regulated by both state and federal law. Both landlords and tenants have important roles, but landlords are legally responsible for providing water that meets safety standards.

• Public Water Systems: These are regulated by the Mississippi State Department of Health (MSDH) and must meet the EPA’s National Primary Drinking Water Regulations.
• Private Wells: MSDH recommends regular testing, though private wells are generally not as tightly regulated as public systems.

By law, all rental homes in Mississippi must provide basic utilities—including water—that are “fit and habitable,” according to the Mississippi Residential Landlord and Tenant Act.¹

Landlord Duties for Safe Water in Rentals

Landlords must ensure:

• Running water is available in the rental unit, except during short-term repairs.
• The water supplied is safe for drinking, bathing, and cooking.
• Timely repairs are made if water becomes unsafe or stops working.

If water safety is compromised (for example, lead contamination or unsafe bacteria), landlords must address and remediate issues promptly.

How to Report and Resolve Drinking Water Issues

If you suspect or know that your rental’s water is unsafe, here’s what you can do:

• Notify your landlord in writing about the specific water issue.
• Keep copies of all correspondence and any water test results.
• If your landlord does not resolve the issue quickly, you can contact the MSDH Bureau of Public Water Supply for public water system problems.
• For serious health hazards, you may be able to file a formal complaint or, if necessary, withhold rent until repairs are made (consult the legislation and, ideally, an attorney before withholding rent).

Relevant Official Complaint Forms

• Mississippi State Department of Health Water Complaint Form
  Submit a Public Water System Complaint
  When to use: If your rental is served by a public water system and you believe the water is unsafe, use this online form to file a complaint with MSDH. Example: You receive a "boil water" notice that isn’t addressed by your landlord, or your tap water has a persistent foul odor.
  How to use: Enter your rental address, describe the issue, and attach any supporting documentation or test results.

The Official Mississippi Tenancy Tribunal/Board

Mississippi does not have a single residential tenancy tribunal. However, landlord-tenant disputes (including maintenance issues like water safety) are handled by local Justice Courts. You can find information on your local Justice Court via the Mississippi Judiciary official Justice Courts directory.²

Relevant Mississippi Tenancy Legislation

Key tenancy laws that protect your right to safe water include:

• Mississippi Code § 89-8-23 – Landlord’s Duty to Maintain Habitable Premises
• Mississippi Code § 89-8-25 – Tenant Remedies for Landlord’s Failure to Maintain

This means your landlord must provide housing that is “fit and habitable,” which includes safe drinking water.

Frequently Asked Questions: Mississippi Rental Water Safety

1. What should I do if my tap water tastes or smells bad in my rental?
   If you notice bad taste or odor, tell your landlord in writing right away. If the problem isn't fixed, file a water complaint with MSDH and keep records of your communications.
2. Is my landlord responsible for testing the water in my apartment?
   If your rental uses a public water system, testing is managed by the utility and regulated by MSDH. For private wells, tenants can request testing, but landlords are still responsible for providing safe water.
3. What are my options if my landlord ignores water safety complaints?
   If your landlord doesn't respond, you can contact MSDH, or escalate the matter to your local Justice Court under your tenant rights (consider seeking legal advice).
4. Can I withhold rent if there's no safe drinking water in my home?
   You may have the right to withhold rent or make repairs and deduct the cost, but only under strict legal procedures outlined in the Mississippi Residential Landlord and Tenant Act. Consult official resources before taking this step.
5. Where can I get my rental's water tested?
   Contact MSDH for guidance or a list of certified laboratories for water testing, especially if you use a private well.

Conclusion: Key Takeaways for Safe Drinking Water in Mississippi Rentals

• Mississippi law requires landlords to provide safe, running drinking water in all rentals.
• Report any problems to your landlord in writing and keep records—MSDH oversees public water safety issues.
• You have options, including official complaint forms and local Justice Courts, if your landlord does not resolve unsafe water issues.

Knowing your rights helps you stay safe and take action if you experience water concerns in your rental home.

Need Help? Resources for Renters

• Mississippi State Department of Health Bureau of Public Water Supply – Information, complaints, and water quality contacts
• Mississippi Justice Courts Directory – Find your local court for tenancy disputes
• Mississippi Center for Legal Services – Free or low-cost legal help for renters
• MSDH Water Complaint Form

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1. Mississippi Residential Landlord and Tenant Act, Title 89, Chapter 8
2. Mississippi Justice Courts (Official Tribunal for Tenancy Disputes)

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